- •Article 2. Environmental Legislation of the Republic of Kazakhstan
- •Article 3. Relationship Regulated by this Code
- •Article 4. Environmental Basis for Sustainable Development of the Republic of Kazakhstan
- •Article 5. Fundamental Principles of the Environmental Legislation of the Republic of Kazakhstan
- •Article 6. Fundamental Provisions of the Government Regulation of Environmental Protection and Government Administration of Natural Resource Use
- •Article 11. Nature Users
- •Article 12. Grounds for the Creation, and Conditions for the Exercise, of a Special-Purpose Nature Use Right
- •Article 14. Rights and Obligations of Public Associations in Relation to Environmental Protection
- •Article 15. Powers of Local Authorities in Relation to Environmental Protection and Nature Use
- •Article 17. Competence of the Environment Protection Authority
- •Article 18. Competence of Special Authorised Government Agencies
- •Article 19. Competence of Local Representative b odies of Oblasts (of the City of National Significance, and of the Capital) for Environmental Protection
- •Article 20. Competence of Local Executive Agencies of Oblasts (of the City of National Significance, and of the Capital) for Environmental Protection
- •Article 24. Environmental q uality g oals
- •Article 23. Emission Standards
- •Article 28. Procedure for Emission Standards Determination
- •Article 37. Stages of Environmental Impact Assessment
- •Article 38. Procedure for Performance of Environmental Impact Assessment
- •Article 39. Types of impacts to be Accounted in the Context of Environmental Impact Assessment
- •Article 40. Classification of Objects of Environmental Impact Assessment According to Significance and Completeness of Assessment
- •Article 41. Documentation of Environmental Impact Assessment
- •Article 52. Rights of Managers of Expert Divisions Performing State Environmental Review
- •Article 53. An Expert Involved in the State Environmental Review
- •Article 57. Transparency of State Environmental Review and Public Access to Decision Making
- •Article 62. Experts Involved in Public Environmental Review
- •Article 63. Rights and obligations of a Customer of Project under Public Environmental Review
- •Article 66. Report on Public Environmental Review
- •Article 67. Use of Results of Public Environmental Review
- •Article 72. Documents to be Presented to Obtain Emission Permit
- •Article 73. Terms of Nature Use to be Included in Emission Permits
- •Article 74. Term for Application for, Consideration and Issue of, Permit for Emissions
- •Article 75. Basis for Issue of Emission Permits
- •Article 81. Types of, and Basis for, Environmental Audit
- •Article 82. Environmental Audit
- •Article 83. Decision on Mandatory Environmental Audit
- •Article 86. Procedure for Consideration of Mandatory Environmental Audit Report
- •Article 92. Restrictions on Conduct of Environmental Audits
- •Article 93. Rights and Obligations of an Audited Entity
- •Article 109. Direct Method of Economic Evaluation of Damage
- •Article 112. Agencies Exercising Government c ontrol in the Field of Environmental Protection, and Protection, Reproduction and Use of Mineral Resources
- •Article 115. Organisation of Government Environmental Control
- •Article 116. Officials in Charge of Government Environmental Control
- •Article 117. Rights of Officials in Charge of Government Environmental Control
- •Article 118. Obligations of Officials in Charge of Government Environmental Control
- •Article 120. Frequency and Timing of Environmental Inspections
- •Article 121. Procedure for Conducting of Environmental Inspections
- •Article 122. Access of Government Environmental Inspectors to Territory or Premises to Conduct an Environmental Inspection
- •Article 123. Results of Environmental Inspection
- •Article 124. Procedure for Documenting Environmental Inspection Results
- •Article 125. Support Instruments for Environmental Inspection
- •Article 129. Procedure for Production Environmental Control
- •Article 130. Nature User’s Rights and Obligations during the Conduct of Production Environmental Control
- •Article 131. Drafting Requirements for Production Environmental Control Programme
- •Article 132. Types and Organisation of Production Monitoring
- •Article 139. Unified Information System of the Unified Environmental and Natural Resource Monitoring System
- •Article 142. Natural Resource Monitoring
- •Article 143. Special Types of Monitoring
- •Article 144. Levels and Monitoring Networks of the Unified Environmental and Natural Resource Monitoring System
- •Article 145. Basis for Functioning of the Unified Environmental and Natural Resource Monitoring System
- •Article 146. Funding of the Unified Environmental and Natural Resource Monitoring System
- •Article 150. Structure and Content of the Unified System of Registers
- •Article 151. Provision of Information
- •Article 157. Contents of the State Registry of Burial
- •Article 158. Maintenance of the State Registry of Burial
- •Article 160. Compilation and Distribution of Environmental Information by Government Agencies and Other Legal Entities
- •Article 161. State Environmental Information Fund
- •Article 164. Rights and Obligations of the Parties with Regard to Access to Environmental Information
- •Article 165. Terms and Procedures for the Provision of Environmental Information
- •Article 174. Procedure for Declaring Individual Territories as Environmental Emergency Areas or Environmental Disaster Areas
- •Article 175. Assessment of Environmental Situation of Areas
- •Article 182. Frameworks of Environmental Education, Awareness-Building and Advanced Training of Specialists
- •Article 183. Environmental Education in Educational Institutions
- •Article 184. State Support of Environmental Education and Awareness-Building
- •Article 186. Main Areas of Focus of Environmental Researches
- •Article 189. Principles of International Cooperation
- •Article 190. Economic Basis of International Cooperation
- •Article 193. International Treaties
- •Article 195. Procedures Governing the Development and Approval of Environmental Requirements
- •Article 199. General Environmental Requirements and Nature Users’ Responsibility upon Commissioning and Operating Commercial and Other Facilities
- •Article 203. Environmental Requirements Applicable to Operation of Industrial, Energy, Transport and Communication, Agricultural and Soil Improvement Facilities
- •Article 214. Environmental Requirements Applicable upon Zoning and Use of Land of Water Fund
- •Article 215. Environmental Requirements Applicable upon Zoning and Use of Land of Reserve Fund
- •Article 216. Environmental Requirements for Optimal Land Use
- •Article 217. Environmental Requirements Applicable to Use of Land
- •Article 220. Environmental Requirements Applicable to Nature Use Operations
- •Article 221. Environmental Requirements Applicable to Exploration and/or Extraction of Groundwater
- •Article 222. Environmental Requirements Applicable to Design, Laying and Operation of Underground Cables and Pipelines
- •Article 225. Environmental Requirements Applicable upon Waste Water Discharge
- •Article 228. Environmental Requirements Applicable upon Organisation of Forestry in Areas of the State Forest Reserves
- •Article 229. Environmental Requirements Applicable upon Forest Reproduction and Forest Growing
- •Article 230. Environmental Requirements Applicable upon Stocking, Treatment, Storage, Transportation, Sale and Use of Wood Seeds and Planting Materials for Forest Reproduction and Growing
- •Article 245. Environmental Requirements Applicable upon Regulation of the Number of Animals
- •Article 246. Environmental Requirements Applicable upon Keeping Game Husbandry and Fishery
- •Article 250. Protection and Reproduction of Rare and Endangered Animals Living in the Wild
- •Article 251. Use of Rare and Endangered Animal Species Living in the Wild
- •Article 252. Keeping and Breeding in Captivity or Semi-captivity of Rare and Endangered Animal Species
- •Article 258. Environmental Requirements Applicable upon Conduct of Business and any Other Activities in the Water Conservation Area
- •Article 261. Environmental Requirements Applicable upon Conduct of Business and Other Activities within the Area of Impact of Tidal Fluctuations of the Sea Level
- •Article 262. General Environmental Requirements Applicable upon Conduct of Business and Other Activities within the National Nature Reserve in the Northern Part of the Caspian Sea
- •Article 263. Environmental Requirements Applicable upon Conduct of Geophysical Works
- •Article 264. Environmental Requirements Applicable upon Offshore Exploration and Production
- •Article 265. Environmental Requirements Applicable upon Design and Construction of Oil And Gas Pipelines
- •Article 266. Environmental Requirements Applicable to Coastal Supply Bases and Coastal Infrastructure Facilities
- •Article 267. Environmental Requirements Applicable to Navigation
- •Article 268. Environmental Requirements Applicable upon Mothballing and Liquidation of Oil Facilities
- •Article 269. Monitoring of the Environment of the National Nature Reserve in the Northern Part of the Caspian Sea
- •Article 271. Environmental Requirements Applicable upon Use of Radioactive Materials
- •Article 272. Environmental Requirements Applicable upon Storage and Burial of Radioactive Materials and Waste
- •Article 273. Environmental Requirements Applicable upon Transportation of Radioactive Materials and Waste
- •Article 274. Environmental Requirements Applicable upon Installation and Operation of Nuclear Plants and Facilities Intended for Handling Radioactive Waste
- •Article 277. Requirements Applicable to Radiation Control of Scrap Metal
- •Article 282. Engaging in Gene Engineering Activities
- •Article 284. Abandoned Waste
- •Article 288. General Environmental Requirements Applicable upon Treatment of Industrial and Consumption Waste
- •Article 289. Hazardous Waste Profile Sheet
- •Article 290. Environmental Requirements Applicable upon Planning of Activities Related to Waste Treatment
- •Article 291. Environmental Requirements Applicable upon Construction and Operation of Enterprises, Buildings, Premises, Facilities and other Objects Associated with Waste Handling
- •Article 292. Environmental Requirements Applicable upon Handling Municipal Waste
- •Article 293. Environmental Requirements Applicable upon Handling Hazardous Waste
- •Article 294. Environmental Requirements Applicable upon Transportation of Hazardous Waste
- •Article 295. Transboundary Movement of Waste
- •Article 296. Waste Accounting
- •Article 297. Stimulating Measures Aimed at Waste Recycling and Reduction of Waste
- •Article 301. Waste Unsuitable for Landfills
- •Article 302. Solid and Slurry Industrial Waste which may not be Deposited at Landfills Designated for Solid Consumption Waste
- •Article 303. General Requirements Applicable to Hazardous Waste Landfills
- •Article 304. Waste Acceptance Procedures
- •Article 305. Control and Monitoring in the Operation of a Landfill
- •Article 306. Procedures for Closure, Reclamation and Monitoring of a Waste Landfill (or Part Thereof)
- •Article 308. Classification of Points of Storage and/or Burial of Radioactive Waste
- •Article 309. Environmental Requirements Applicable to Points of Storage and/or Burial of Radioactive Waste
- •Article 317. State Inventory and State Registry of Greenhouse Gases
- •Article 318. Production Control of Greenhouse Gases and Ozone-depleting Substances
- •Article 322. Procedure for Compensating Damage Caused by a Violation of the Environmental Legislation of the Republic of Kazakhstan
Article 262. General Environmental Requirements Applicable upon Conduct of Business and Other Activities within the National Nature Reserve in the Northern Part of the Caspian Sea
1. Works associated with the excavation and movement of earth may be allowed to be carried out upon special permission to be issued by the authorised government agency for study and use of subsoil.
2. The construction, assembly and dismantling of structures may not be carried out unless technologies enabling the collection of all kinds of pollutants are used.
3. If previously drilled wells are found within the limits of the contract area, a subsoil user must enter them on its balance sheet and conduct monitoring.
4. Emissions and discharges in the environment at all stages of oil operations shall not exceed the relevant permissible limits of emissions and discharges of pollutants.
5. There shall be prohibited to flare up fluids in the operation of wells unless an emergency threatens to occur.
6. The flaring of hydrocarbons during the testing of wells shall be minimised. Should the environmental review find the method specified in this paragraph as the safest to the environment, such method shall be used only under favourable weather conditions capable of dispersing the train of smoke, and the design of flares must ensure complete burning of hydrocarbons. If a well is located on the migration route of birds, organisational and technical steps shall be undertaken to prevent damage to the avifauna.
7. Air emissions shall be subject to control in compliance with the requirements of the legislation of the Republic of Kazakhstan, proven principles and methods accepted in international practice in the field of environmental protection upon the conduct of oil operations.
8. Within the limits of the national nature reserve in the northern part of the Caspian Sea, there shall be prohibited to discharge waste waters and waste, unless they are on the limited list of pollution-free or treated waste waters, including waters of the cooling and fire extinguishing systems and ballast waters discharged upon permission of the government agencies for environmental protection, use and protection of water resources, as well as for sanitary and epidemiological well-being of the population. The temperature of water discharged outside of the control point shall not exceed more than 5 degrees centigrade as compared to the average monthly water temperature during discharge of water over the past ten years.
9. Injection of drill waste into the subsoil shall be prohibited unless such waste has been preliminary neutralised in accordance with the project that had passed the state environmental review.
10. All actions to neutralise and store drill waste (sludge and solutions) that are not recycled in process and not injected into the subsoil shall be carried out at a special disposal site outside the borders of the national nature reserve in the northern part of the Caspian Sea. Such actions shall ensure that the construction of the disposal site must be completed by the time drilling operations will be launched, shall be carried out upon consultation with the environment protection authority.
11. A drilling platform (barge) and support ships must be equipped with a plant for treating and decontaminating waste waters and for collecting, storing and transferring waste waters to special ships or onshore receptacles. Proper facilities for collecting or treating (milling and pressing) litter or a facility for burning litter shall be envisaged.
12. When conducting any types of construction and other activities, explosion operations shall be prohibited in the water column and at the sea bottom. Explosion operations at the sea bottom can be carried out upon permission of authorised government agencies for environmental protection, use and protection of the aquatic fund, natural and man-made disasters and the study and use of the entrails.
13. There shall be prohibited to disturb nestling places of water fowls and near-water birds as well as blocking access to the spawning place of sturgeons.
14. No water may be withdrawn from the sea, unless water facilities are equipped with fish protectors. Such water facilities shall be equipped with technical facilities for continuous control over the performance of fish protectors.
15. Prior to the beginning of oil production, comprehensive environmental protection programmes, including actions to be taken to protect spawning grounds and reproduction of valuable game fish as well as the habitat of seals in the national nature reserve in the northern part of the Caspian Sea, shall be developed at the expense of a subsoil user.
16. Transport routes shall be selected in such a way so that their impact on marine mammals, fish and birds shall be prevented or abated.
17. There shall be prohibited to lay down railways, highways, main pipelines that have not been envisaged by the project, in the area of operation of special requirements.
18. For the purpose of conducting works in the shallow waters, there shall be used vehicles that allow preserving highly productive sea bottom populations and spawning grounds. If necessary, the use of special transport means with enlarged caterpillars, low-pressure tires, hover cushion that produce minimal destruction of the integrity of soils and vegetation and the existing biocenoses, shall be permitted in connection with the environmental monitoring.
19. Drill muds and oil-well solutions shall not contain substances, which are not envisaged by the engineering design. Should any other substances be used, a subsoil user shall agree such use with the authorised government agencies for environmental protection and the study and use of subsoil.
20. Drilling rigs shall be complete with combustion engines that meet ultimate carbon monoxide emission requirements of the International Marine Organisation.
21. Power plants shall be complete with combustion engines or double fuel turbines (diesel fuel - gas).
22. Prior to any offshore exploration works, a plan of works with due regard of the world practice, including the full environmental impact assessment, shall be prepared. The study of the baseline condition of the previously examined area, where intended business activities will be carried out, shall be based on the results of field studies that were conducted at least four years prior to the submission of the environmental impact assessment.
23. A compulsory element in any environmental impact assessment shall be the analysis of alternative scenarios, including avoidance of conducting exploration within the critical areas of offshore waters and the coastal zone.
24. In the water conservation area and in the near-shore shallow waters of the sea down to a depth of 5-10 metres, wells shall be drilled using electric and diesel driven drilling rigs powered from external networks. If the drilling is performed with a drilling rig equipped with a diesel generator and a diesel-driven generator, untreated gas emissions from those units shall be minimised.